PNCA Act 1973
(AS PASSED BY
THE NATIONAL ASSEMBLY)
A BILL
To provide for
the establishment of Pakistan National Council of the Arts.
WHEREAS it is
expedient to provide for the establishment of a Pakistan National
Council of the Arts for the patronage, promotion and development
of the Arts, and for matters connected therewith or incidental
thereto:
It is hereby
enacted as follows:-
1.
Short title, extent and commencement -
1. This Act may be called the Pakistan National Council of
the Arts Act, 1973.
2. It extends to the whole of Pakistan.
3. It shall come into force at once.
2. Definitions. - In this Act,
unless there is anything repugnant in the subject or context-
a) "Artistic activity" means any
activity so declared by the Federal Government by notification in
the official Gazette;
b) "Board" means the Board of
Governors of the Council constituted under section 4;
c) "Chairman" means the Chairman of the Council;
d) "Council" means the Pakistan
National Council of the Arts established under section 3; and
e) "Director-General" means the Director-General of
the Council
3. Establishment of the Council-
1) As soon as may be after the
commencement of this Act, the Federal Government may, by
notification in the official Gazette, establish a Council to be
called the Pakistan National Council of the Arts.
2) The Council shall be a body
corporate having perpetual succession and a common seal, with
power to acquire, hold and dispose of property, both movable and
immovable, and shall by the said name sue and is sued.
4. Board
of Governors-
1. The management, overall control
and supervision of the affairs of the Council shall vest in a
Board of Governors consisting of the following members, namely:-
a) The Minister for Education and
provincial coordination, Government of Pakistan, who shall also be
the Chairman of the Council;
b) The Director-General;
c) The Secretary, Ministry of
Education and provincial Coordination, Government of Pakistan;
d) A representative of the Ministry
of Foreign Affairs, Government of Pakistan;
f) The Financial Advisor, Ministry
of Education and Provincial Co-ordination, Government of Pakistan;
g) The Official Incharge Culture
Wing, Ministry of Education and Provincial Co-ordination
(Education Division), Government of Pakistan;
h) The Director of Archaeology, Government of
Pakistan;
i) The Managing Director, Pakistan Broadcasting
Corporation;
j) The Director-General, Pakistan Broadcasting
Corporation;
k) The Director, PIA Arts Academy;
l) Five members of the National
Assembly, including one woman member, to be elected by the
Assembly;
m) Two member of the Senate to be elected by the
Senate;
n) Twenty persons, including five
women, eminent in the field of art and culture, to be nominated by
the Chairman; and,
o) A member-secretary to be appointed by the Chairman.
2. The Board of
Governors shall have power to co-opt. members from amongst person
who are specialists in their respective fields, for advice on
particular projects and matters under consideration.
3. The
member of the Board excepting the ex-officio members shall hold
office for a term of three years and shall be eligible for
re-election or re-nomination, as the Case may be.
4. A member of the Board, other than
an ex-officio member, may, by writing under his hand addressed to
the Chairman, resign his office.
5. Any casual vacancy in the office
of a member other than an ex-officio member shall be filled by a
person nominated by the Federal Government and the person so
nominated shall hold office for the unexpired period of the term
of his predecessor.
5.
Director-General:
1) The Director-General shall be
appointed by the Chairman on such remuneration and other terms and
conditions as the Chairman may determine.
2) The Director-General shall be the
chief executive of the Council and shall be responsible to the
Board for carrying out the objectives of the Council.
3) The Director-General may, by
writing under his hand addressed to the Chairman, resign his
office.
6.
Headquarters.- The headquarters of the council shall be at
Islamabad.
7.
Functions:
1. The
Council shall:-
a) Advise the Federal Government on
matters of policy on artistic activity and their implementation;
b) Improve knowledge, understanding
and practice of the arts and advise the Federal Government in
order to increase regional activity through systematic planning
and co-ordination at all levels;
c) Co-ordinate, evaluate and
supervise activities of cultural organization and individuals
engaged in cultural activities;
d) Advise and assist the provincial
Government in setting up of Provincial Arts Council to serve as
liaison between the local cultural bodies and the Council with
regard to their activities and financial assistance;
e) Plan, establish and run art
academies, folk museums, exhibition halls, auditoria, art
galleries and similar other institutions;
f)
Organize exhibitions of arts and crafts within Pakistan and in
other countries.
g) Organize national and regional
ensembles for performance within the country and in other
countries;
h)
Organize and promote cultural fairs and festivals;
i) Help, establish and organize
national unions of artists on the basis of their chosen field of
activity;
j) Help in the implementation of
cultural pacts and programmes on directions of the Federal
Government;
k) Have contacts with similar
organizations in other countries, through the Federal Government;
l) Set
up panels of experts in specific fields of the arts where
necessary; and
m) Perform any other function in the
field of arts which the Federal Government may direct or which the
Council may consider necessary or desirable.
2. Where it appears to the Council
that an organization engaged in artistic activity which is in
receipt of any grant from Federal Government or the Council, is
conducting its activities in a manner contrary to the policy laid
down by the Council or is in any other way mismanaging its
affairs, the Council may, and where the Federal Government so
directs, shall hold an enquiry into the affairs of such
organization and submit a report to the Federal Government along
with its recommendations.
8. Funds.-The fund of the Council
shall be derived from the following sources, namely:-
1) Grants
of the Federal Government and the provincial Governments; and
2) Contributions and donations from
individuals, local bodies, corporations, institutions,
organizations and agencies.
9. Audit of Accounts.- The accounts
of the Council shall be audited by an auditor who is a Chartered
Accountant within the meaning of the Chartered Accountants
Ordinance 1961 (X of 1961), appointed by the Federal Government in
consultation with the Auditor General of Pakistan, on such
remuneration, to be paid by the Council, as the Federal Government
may fix.
10. Power to make Rules. - The Federal
Government may by notification in the official Gazette, make rules
to carry out the purposes of this Act.
11. Power to make regulations.-The
Council may make such regulations as it may consider necessary for
carrying the provisions of this Act into effect.
PNCA Ordinance
1979
To amend the
Pakistan National Council of Arts Act, 1973
WHEREAS it is
expedient to amend the Pakistan National Council of Arts Act, 1973
(LIX OF 1973), for the purpose hereinafter appearing.
AND WHEREAS the
president is satisfied that circumstances exist which render it
necessary to take immediate action;
NOW, THEREFORE,
in pursuance of the proclamation of the fifth day of July, 1977,
read with the LAWS (Continuance in Force) Order, 1977 (C.M.L.A.
Order No. 1 of 1977), and in exercise of all powers enabling him
in that behalf, the president is pleased to make and promulgate
the following Ordinance:-
1. Short
title and commencement.-
1) This Ordinance may be called the
Pakistan National Council of Arts (Amendment) Ordinance, 1979.
2) It
shall come into force at once.
2. Amendment of section 4, Act LIX
of 1973:- In the Pakistan National Council of Arts Act, 1973 (LIX
of 1973) in section 4, for sub-session (1) the following shall be
substituted, namely:-
1) The management, Overall control
and supervision of the affairs of Council shall vest in a Board of
Governors consisting of the following members, namely;-
a) The
Federal Minister-in-Charge of Culture, who shall also be the
Chairman:
b) The
Minister of State for Culture, who shall also be the
Vice-Chairman;
Provided that, if there is no such Minister of State, the
Federal Government may nominate any member of Board to be the
Vice-Chairman.
c) The Secretary to the Government
of Pakistan in the Division dealing with Culture;
d) A
representative of the Ministry of Foreign Affairs;
e) The
Financial Advisor of the Division dealing with Culture:
f) The Joint-Secretary to the
Government of Pakistan in the Division dealing with Culture;
g) The
Director-General;
h) The
Director of Archaeology:
i) The
Managing Director, Pakistan Television Corporation;
j) The
Director-General, Pakistan Broadcasting Corporation;
k) Twenty persons, including five
women, eminent in the fields of art and culture, to be nominated
by the Chairman; and,
l) A
member-secretary to be appointed by the Chairman".
General,
M. ZIA-UL-HAQ
President.
K.M.A SAMDANI
Secretary.
